LAW NO. * respecting access and residence rights
WHEREAS the Cree Nation of Chisasibi has an obligation to ensure the well-being and safety of its members and public order in the community;
WHEREAS the increased mobility of people within Eeyou Istchee and elsewhere makes it necessary to establish standards and rules for the exercise of rights of access and residence;
NOW THEREFORE:
PURSUANT to its inherent sovereign authority and to paragraphs 6.2(1)(f) and (g) and section 9.2 of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, the Cree Nation of Chisasibi, acting through its Council at a meeting held on the ● day of ● 2020, hereby enacts the present Law No. 2020-●, respecting access and residence rights.
SHORT TITLE
1.(1) This law may be cited as the Access and Residence Law.
INTERPRETATION
2.(1) Unless otherwise indicated by express terms or necessary implication, the words and expressions in this law will have the same meaning as in the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada and in the Constitution of the Cree Nation of Eeyou Istchee.
2.(2) In this law,
“Agreement” means the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada as given effect by the Cree Nation of Eeyou Istchee Governance Agreement Act, SC 2018, c 4, s 1, "applicant" means a person who makes an application under this law, “Chisasibi” means the settled areas of the Category IA land of the Cree Nation of Chisasibi, “CNC” means the Cree Nation of Chisasibi, “Constitution” means the Constitution of the Cree Nation of Eeyou Istchee, “Council” means the Chief and the Councillors of the CNC holding office in accordance with the CNC laws and the Constitution, “criminal record check” means a document prepared by a police force or service from national data released by the Canadian Police Information Centre (CPIC) that contains information regarding the criminal convictions of an individual for which no record suspension has been granted or issued under the Criminal Records Act, “EEPF” means the Eeyou Eenou Police Force, “immediate family” means the mother, father, full siblings or child but does not include spouses or half-siblings, “member” means a member of the CNC as defined at section 5.3 of the Agreement, namely a Cree beneficiary who is enrolled or entitled to be enrolled on the community list pursuant to section 3 of the James Bay and Northern Quebec Agreement, "peace officer" means any member of the EEPF, “spouse” means the person (a) to whom a person is married in accordance with or recognized under the laws of Quebec, (b) with whom a person lives in a conjugal relationship, taking into account Cree custom, or (c) who is the common law partner of a person.
APPLICATION
3.(1) This law applies to the Category IA land of the CNC, to all Category III land situated within the perimeter of such Category IA land, and to all persons situated thereon.
ACCESS 4.(1) Except as otherwise provided for herein, a right of access to Category IA land is granted to
(a) an Inuk of Chisasibi, (b) any Cree beneficiary, (c) the spouse of a Cree beneficiary, (d) the immediate family of a person described in paragraphs (b) or (c), (e) a person who, immediately before July 5, 1984, was a member of the CNC but was not a Cree beneficiary.
4.(2) To the extent required to exercise their rights and functions, the following persons are permitted access to Category IA land, subject to the terms and conditions of the right or function in question,
(a) a person authorized by a government body or any other public body, established by an Act of Parliament, an Act of the legislature of Quebec or a law of the CNC or the Cree Nation Government to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon, (b) the holder of right or interest in Category IA land or in a building situated thereon granted by the CNC, (c) a person authorized in writing by the CNC, (d) a person carrying on business or rendering services in Chisasibi with the knowledge and approval of CNC, and (e) a person required to appear before a judge or other official involved in the judicial system.
4.(3) Notwithstanding sections 4.(1) and 4.(2), every person has the right to access roads, arteries, airports, bridges, public seaplane bases, wharves, harbours, rivers and major lakes, public buildings and lands used for public purposes, where all or any part of such facility or installation is located on Category IA land.
4.(4) A person who is permitted access to Category IA land is not permitted to reside in Chisasibi unless they apply for, and are granted, permission to reside in Chisasibi in accordance with this law.
RESIDENCE
5.(1) Subject to any restrictions that may be imposed pursuant to this law, a right to reside in Chisasibi is granted to
(a) a member of the CNC, (b) the spouse of a member of the CNC, (c) the immediate family of a person described in paragraphs (a) or (b), and (d) an Inuk of Chisasibi.
5.(2) In addition to the persons described in section 5.(1), the following persons may, subject to the other provisions of this law, reside in Chisasibi
(a) a person authorized in writing by the CNC, (b) a person authorized in writing by virtue of a grant, including a lease, usufruct, servitude or superficie, made by the CNC, (c) an administrator appointed by the Cree Nation Government to administer the financial affairs of the CNC, (d) a person engaged in administrative or public duties or scientific studies approved by the CNC, unless the CNC deems that the number of such persons is such that it will significantly alter the demographic composition of the community, (e) a person who is not a Cree beneficiary but, immediately before November 11, 1975, was residing on or occupying, pursuant to a right of residence or occupancy, land that became Category IA land under the James Bay and Northern Quebec Agreement and has continued to reside on or occupy such land since July 3,1984, unless that right expired.
5.(3) Every person who does not enjoy a right to reside in Chisasibi, pursuant to section 5.(1), or is not permitted to reside in Chisasibi, pursuant to section 5.(2), must apply to the CNC for permission to reside in accordance with section 6 hereof.
2 5.(4) A person who no longer satisfies the criteria of section 5.(1) loses the right to reside and must apply for permission to reside in Chisasibi within 30 days of the loss of that right to reside.
5.(5) A person who resides in Chisasibi pursuant to section 5.(2) will, if they are convicted of offences under CNC laws relating to alcohol, nuisances or public safety or under the Criminal Code, be required to apply for permission to reside in Chisasibi within 90 days of their conviction or, if no longer in Chisasibi, in accordance with procedure set out in this law.
PROCEDURE
General 6.(1) Every person who does not enjoy a right of access or residence pursuant to sections 4. (1) or 5.(1) or who is permitted to access or reside pursuant to sections 4.(2) or 5.(2), and any person whose right to access Category IA land or to reside in Chisasibi was revoked pursuant to section 7, must apply in writing, substantially in the form of Schedule A, for permission to access Category IA land or to take up residence in Chisasibi. All applications must be submitted to the CNC at least 4 weeks prior to the date of intended access or residency.
6.(2) Applications for access and residence must include the following information respecting the applicant, including,
(a) name, including aliases and nicknames, accompanied by a piece of government issue identification, (b) current address, (c) band number, if applicable, (d) address while in the community, (e) reasons for visiting or residing in Chisasibi, as the case may be, (f) the length of stay, and (g) the addresses the applicant lived at during the previous 5 years.
6.(3) The application must be accompanied by a completed and signed Consent to Release form (Schedule B), authorizing CNC to obtain a criminal record check pertaining to the applicant.
6.(4) The applicant must ensure that all information provided in the application is complete, accurate and appropriate. The applicant must declare that all the information in the application is true.
6.(5) No person may provide false, inaccurate, misleading or incomplete information in the application.
Refusal 6.(6) The CNC must refuse an application if it
(a) contains false, inaccurate, misleading or incomplete information, or (b) is not accompanied by a duly completed and signed Consent to Release form.
The refusal, and reasons therefor, will be recorded and maintained in the applicant’s file for a period of 2 years. The CNC will destroy any information pertaining to an applicant 24 months after that information was provided or, if the information was relied on in permitting access or residence, 24 months after it is no longer required for that purpose.
6.(7) The CNC may refuse an application or impose any conditions on its approval, as it deems appropriate, if the applicant
(a) has been convicted, within the 5 years preceding the application, of an offence under Part III (firearms and weapons), sections 150 to 174 of Part IV (sexual offences, public morals and disorderly conduct) or sections 265 to 273.1 of Part VIII (offences against the person) of the Criminal Code, or of an offence under the Controlled Drugs and Substances Act, (b) has been convicted, within the 2 years preceding the application, of an offence under a CNC law relating to alcohol or nuisances, (c) in the CNC’s opinion, is harmful to the safety or well-being of family members or the community that has required police intervention or intervention by the Cree Board of Health and Social Services of James Bay on at least 3 occasions in the past 12 months, (c) failed to comply with the conditions imposed on them in a previous application, or (d) was granted access or the right to reside in Chisasibi that was later revoked pursuant to this law.
3 6.(8) The CNC may also refuse an application for any other reason that it deems reasonable taking into consideration the public interest, provided that the refusal is decided by the CNC Executive Committee and set out in a resolution.
Conditions 6.(9) Where the CNC may impose conditions on the applicant’s access to Category IA land or their residence in Chisasibi, as it deems appropriate, including, without limitation,
(a) curfews, (b) obtaining employment in Chisasibi within a certain period, (c) refraining from public drunkenness and other nuisances, (d) residing at a particular address, or (e) any other conditions as the CNC may deem appropriate.
6(10) The conditions to be imposed, if any, will be determined by the CNC Executive Committee and set out by resolution. The applicant must comply with the conditions attached to the decision granting access or residency.
6.(11) Every person granted permission to access Category IA land or reside in Chisasibi pursuant to this law must comply with the laws of the CNC in force from time to time.
Decision 6.(12) The CNC must render a decision on an application to access Category IA land or to reside in Chisasibi within 5 days of receipt of the application. Within 72 hours of rendering a decision, the CNC must give notice of same to the applicant in writing. Notice may be served on the applicant by mail, hand or email.
6.(13) If an application is refused, the CNC must inform the applicant of the reasons for the refusal.
The applicant must refrain from entering the Category IA land or, if already present in Chisasibi, leave the Category IA land within 48 hours of receipt of the notice contemplated at section 6.(12).
6.(14) The CNC will also provide a copy of the refusal to the EEPF.
6.(15) If an application is approved, the CNC will inform the applicant in writing and, must identify the conditions attached to the approval, if any, and the period for which the approval is valid. A copy of the approval, including any conditions attached thereto, will be provided to the EEPF.
6.(16) If the CNC imposed a term during which the approval is valid, the person must, prior to expiry of that approval, submit a new application to access or reside in Chisasibi.
REVOCATION
Revocation 7.(1) The CNC may revoke its approval granted under this law if the applicant
(a) is subsequently convicted of an offence contemplated at paragraph 6.(6)(a), (b) is, in the opinion of the CNC, harmful to the safety or well-being of community members because of the applicant’s conduct or activities, (c) failed to comply with the conditions imposed on the CNC’s approval or the general conditions imposed on every right of access or residence, (d) provided false, inaccurate or misleading information in the application, or (e) is, in the opinion of the CNC, disruptive and a threat to public order and safety.
7.(2) Should the CNC revoke its approval, it may, as it deems appropriate
(a) order the person to leave the community, enlisting the assistance of a peace officer, (b) evict that person from CNC housing whether occupied pursuant to a lease agreement or not, and (c) take any other measures that are, in the opinion of the CNC, necessary.
7.(3) A revocation of a permission to access Category IA land or to reside in Chisasibi must be made by Council resolution.
7.(4) Notice of the decision must be given in writing to the interested person within 72 hours of the decision. Notice may be made on the person personally or by email, with proof of delivery, or
4 by leaving a copy of the Council resolution with a responsible adult at the last known address of the person.
RENEWAL AND REINSTATEMENT
8.(1) Where the term imposed on the permission to access Category IA land or to reside in Chisasibi expires, the applicant must submit a new application, in accordance with the procedure set out at section 6 hereof, to renew the permission.
8.(2) If the permission to access Category IA land or to reside in Chisasibi has been revoked pursuant to section 7, the applicant must submit a new application to the CNC, in accordance with the procedure set out at section 6, requesting reinstatement. The Executive Committee will review and either approve or refuse applications for reinstatement.
8.(3) The CNC may, if approving an application for renewal made pursuant to section 8.(1) or for reinstatement made pursuant to section 8.(2), impose such conditions as it deems appropriate to ensure the well-being and safety of its members and the residents of Chisasibi and to maintain public order.
The applicant must at all times comply with any conditions imposed on the decision to renew or reinstate made pursuant to this section 8.
8.(4) The CNC will give notice of its decision in writing to the applicant within 72 hours of rendering a decision made in regards to an application submitted pursuant to this section 8.
8.(5) Notwithstanding the expiry or revocation of a permission to access Category IA land or to reside in Chisasibi, an applicant may submit a special request to the Executive Committee for permission to enter Chisasibi for a specific purpose, provided that the applicant agrees to remain in Chisasibi for no more than 15 days.
COMPLAINTS AND REVIEW
Complaints 9.(1) Any member of the CNC who has reasonable grounds to believe that permitting an applicant to access Category IA land or reside, or to continue doing so, will harm the safety or well-being of that member, their family members or the residents of Chisasibi, may submit a complaint to the CNC asking that the permission be denied or revoked, as the case may be.
9.(2) All complaints must be made in writing, substantially in the form of Schedule C, and provide
(a) the name of the complainant, (b) the name of the applicant, (c) the address of the applicant while in Chisasibi, (d) the facts grounding the complainant’s reasonable belief that the applicant will harm the safety or well-being of the complainant, family members or the CNC,
9.(3) The CNC must notify the applicant in writing of the complaint and allow the applicant an opportunity to respond to the allegations. Such notice will not include the name of the complainant or disclose any identifying information but will provide a summary of the facts grounding the complaint.
9.(4) The applicant will be given 72 hours to respond to a complaint, following which the CNC shall render a decision. The applicant may, for serious reasons, request an extension of the time to respond in order to gather such information and evidence as is necessary to respond to the allegations.
The applicant who responds directly to, pressures or threatens a complainant will have forfeited the right to respond to a complaint and the CNC may render its decision immediately.
9.(5) In rendering a decision, the CNC will consider, without limitation,
(a) the statement of the complainant, (b) the statement of the respondent, (c) supporting documentation, including police reports, and reports from other organizations, (d) statements from other members of the community, (e) the impact a refusal of the application or revocation of the permission to access Category IA land or reside in Chisasibi will have on the applicant,
5 (f) the impact a refusal of the application or revocation of the permission to access Category IA land or reside in Chisasibi will have on the community or the applicant’s family members in Chisasibi, if any, and (g) whether the applicant has made serious and good faith efforts to resolve the situation privately.
9.(6) The CNC must dismiss a member’s complaint if,
(a) the complaint is trivial, frivolous or was made in bad faith, or (b) the facts alleged by the complainant do not support the allegation that permitting the applicant to access Category IA land or to reside in Chisasibi, or to continue doing so, will harm the safety or well-being of the complainant, their family members or the residents of Chisasibi.
9.(7) The decision of the CNC must be rendered within 30 days of receipt of the applicant’s response. The CNC may accept or refuse the complaint, recommend mediation to resolve the dispute or impose conditions on the applicant.
9.(8) The CNC may, but it is not obligated to, refer the question to Council and may invite the applicant to speak at a meeting of the Council at which the complaint is to be decided.
9.(9) Where Council accepts to consider a complaint, it may, by resolution, accept or refuse the complaint or impose conditions on the applicant. Notice of Council’s decision rendered pursuant to this section 9.(9) must be given in writing to the applicant and the complainant within 10 days.
9.(10) The decision of Council is final and without appeal.
Application for Review 9.(11) An applicant whose
(a) application to access or reside in Chisasibi has been refused, (b) application to access or reside in Chisasibi has been approved subject to conditions, or (c) right to access or reside in Chisasibi has been revoked may apply to the CNC for a review of the decision.
9.(12) The application for review must provide
(a) the applicant’s name, (b) the applicant’s address while in Chisasibi, (c) a copy of the decision rendered in respect of the application, and (d) the reasons grounding the complaint.
9.(13) The application for review may only be made on the grounds that
(a) the CNC relied on incorrect information, (b) the CNC relied on information obtained from extraneous sources (c) the criteria set out at 6.(6), allowing refusal, were improperly applied, or (d) the refusal was unduly severe and an approval with conditions would have been more appropriate.
9.(14) In evaluating the application for review, the CNC will consider the reasons for the decision, general practices in the community and the safety and well-being of the community.
9.(15) The Executive Committee may ratify the decision under review, modify it or infirm it. The decision must be made by resolution and written notice of same given to the applicant within 10 days of its adoption.
Where the Executive Committee decision confirms the refusal of a request to access Category IA land or to reside in Chisasibi or the revocation of permission to do so, or confirms or imposes conditions on the applicant permitted to access Category IA land or reside in Chisasibi, it must also set out the delays in which the applicant must comply with that decision.
9.(16) The applicant must comply with the decision of the Executive Committee within the delays provided for in the resolution.
EXPULSION OF MEMBER
6 10.(1) The CNC may order a member of the CNC to leave the community if
(a) that member has been convicted of the offences contemplated at paragraph 6.(6) (a) and continues, by their conduct, to harm the safety and well-being of the community and to public order, (b) that member has been convicted of offences relating to the sale of alcohol and/or drugs more than once in the previous 3 years, or (c) the CNC deems it expedient for the safety and well-being of the community.
10.(2) Every decision to expel a member must be made by Council resolution.
10.(3) The member subject of the expulsion order, or an interested party, may ask to make representations to Council prior to a decision by the Council on the expulsion. In such a case, the CNC will provide the member or interested party, as the case may be, the opportunity to appear before Council.
10.(4) An expulsion may not be made for a period exceeding 30 days and may not be renewed.
10.(5) The member expelled pursuant to this section 9 may not access or reside in Chisasibi during the period of expulsion, however the member will continue to enjoy the right to remain on the unsettled parts of the Category IA land.
Notwithstanding the terms of the expulsion order, the expelled member will continue to have the right to access Chisasibi for the purpose of carrying out employment in Chisasibi.
10.(6) Notwithstanding the foregoing, an expelled member may be subject to subsequent expulsions should the member fail to comply with the conditions imposed on a current expulsion.
ADMINISTRATION
Director General of Operations 11.(1) The Director General of Operations (the “DGO”) is responsible for the administration and application of this law.
11.(2) Without limiting the generality of the foregoing, the DGO
(a) receives applications to access Category IA land or reside in Chisasibi, (b) receives complaints and applications for review made pursuant to section 9 and transmits these to the Executive Committee or Council, as the case may be, (c) carries out or causes to be carried out the evaluation of applications to access Category IA land or reside in Chisasibi are carried out in accordance with this law, (c) ensures the fair application of this law, (d) communicates to the EEPF the decisions refusing access or residence to applicants or revoking permissions granted, (e) refers applications to the Executive Committee where conditions are to be imposed on the applicant, (f) refers applications to the Executive Committee if a refusal is based on reasons other than those set out in this law, (g) issues decisions and gives notice of same to applicants, (h) reports violations of this law to the EEPF and provides evidence at court, and (i) such other duties as may reasonably be required to effectively apply this law.
Executive Committee 11.(3) The Executive Committee provides assistance and support to the DGO in the application of this law.
11.(4) Without limiting the generality of the foregoing, the Executive Committee,
(a) reviews applications to access Category IA land or reside in Chisasibi on the request of the DGO, (b) determines the conditions, if any, to impose on applicants, (c) receives, from the DGO, and considers complaints and applications for review, (d) considers applications referred to it by the DGO, (e) refers applications to access Category IA land or reside in Chisasibi, complaints and applications for review to Council as it deems appropriate, and
7 (f) such other duties as may reasonably be required to ensure the effective application of this law.
11.(5) Decisions of the Executive Committee rendered pursuant to this law must be ratified by Council at the next meeting of the Council. The Executive Committee decision will be deemed to have been ratified if Council does not modify or disallow the decision.
11.(6) Notwithstanding the requirement for ratification, decisions of the Executive Committee rendered pursuant to this law take effect and are enforceable immediately and without delay.
Council 11.(7) Council may, by resolution,
(a) establish criteria for accessing Category IA land, (b) establish criteria to be met to reside in Chisasibi, (c) identify circumstances in which applications for access or residency must be refused, (d) determine when applications for reinstatement must be refused, (e) consider applications referred to it by the Executive Committee or the DGO, (f) considers complaints and applications for review referred to it by the Executive Committee, (g) considers the expulsion of members, and (h) take any action or make decisions aimed at dealing fairly and transparently with access to Category IA land and residency in Chisasibi and ensuring the safety and well-being of members and residents and the public order.
11.(8) Council may also, by resolution, establish periods during which non-residents are not permitted to access or remain on Category IA land or in Chisasibi when deemed necessary to safeguard the safety and well-being of CNC members and residents and the public order.
11.(9) Where Council exercises its authority pursuant to section 11.(6), it must clearly establish the period during which access is restricted and identify exceptions to that restriction. The Council resolution restricting access must be posted at public places in and around Chisasibi and on other media to ensure adequate diffusion.
11.(10) In order to give effect to the restriction on access, the CNC may establish roadblocks at access points on its Category IA land and deny non-residents access.
ENFORCEMENT
12.(1) The CNC will transmit its decision denying an application to access Category IA land or to reside in Chisasibi to the EEPF. The decision will include an order to leave Category IA land and provide for the delays to do so, where applicable.
12.(2) A peace officer may order an applicant, who is present in Chisasibi or on Category IA land and whose application to access or reside was refused or revoked or their application for renewal or reinstatement was denied, to leave Chisasibi within the delays set out in the decision.
12.(3) Every person ordered by a peace officer to leave Chisasibi must comply.
12.(4) The CNC may request the assistance of the EEPF to remove a person denied access or residency pursuant to this law from any place in Chisasibi.
8 OFFENCES
13.(1) Any person who contravenes this law is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000.00 or to imprisonment for a term not exceeding 2 years less a day, or to both.
13.(2) Each day of non-compliance with this law shall be deemed a separate offence for the purposes of this law.
COMING INTO FORCE
This law shall come into force on the date of its posting. at Chisasibi this ● day of ● 2020 and posted this ● day of ● 2020.
9 CHAIRPERSON SECRETARY SCHEDULE A
APPLICATION FOR ACCESS OR RESIDENCE AND RENEWAL OR REINSTATEMENT
APPLICANT FOR OFFICE USE ONLY
Name Date received
Aliases/ ID included ☐Yes ☐No Nicknames
Band Verification ☐ ☐Housing Number s EEPF
Address ☐Address ☐Address in Chisasibi
No. years residing there? Addresses for past 5 years Decision / Recommendation
☐Approve ☐Refuse
Condition ☐ ☐ s Yes No
☐Curfew ☐Alcohol ☐Nuisance
Address in ☐ ☐ Chisasibi Residence Employment
Reasons for application? Reasons
You have family in Chisasibi ☐Yes ☐No If so, name
Will you be living with family? ☐Yes ☐No If so, name
No. people at that address?
Are you currently Do you have employment in employed? ☐Yes ☐No Chisasibi ☐Yes ☐No
If not employed, means of subsistence ☐Employment ☐Welfare ☐Income Security ☐None declared Insurance
APPLICATION
Purpose of application ☐ Access ☐ Residence ☐ Renewal ☐ Reinstatement
Duration of stay ☐ less than 1 month ☐ less than 1 year ☐ permanent ☐ other ______
Please check all that apply
I was convicted of an offence under ☐Criminal Code ☐Controlled Drugs and Substances Act ☐CNC laws
If you checked any of the above, Date of last conviction Offence
Please check all that apply
I was previously ☐granted access to Chisasibi ☐granted residence in Chisasibi ☐denied access / residence
If you checked any of the Dat ☐Yes ☐No above, e Was this ever revoked?
Reasons for denial / revocation
DECLARATION
I solemnly declare that the information I have provided is true, accurate and complete. I understand that this solemn declaration has the same force and effect as if made under oath. I authorize the CNC to verify the information I have provided. Please remember to attach a copy of government issued identification.
I also give my consent to the CNC to conduct a criminal background check that includes non-conviction information, files currently before the courts, convictions and court orders registered in my name and criminal offences for which I have not been granted or issued a Record Suspension (Pardon).
Name (print) Date Signature
11 SCHEDULE A
12